cannabisnews.com: Bill Allows Medical Marijuana Defense in Drug Case Bill Allows Medical Marijuana Defense in Drug Case Posted by CN Staff on April 10, 2003 at 15:11:37 PT By Todd Zwillich Source: Reuters Health Washington - U.S. lawmakers have launched an effort that would allow defendants from states with legalized medical marijuana to use "medical necessity" as a defense against federal drug charges. A bill introduced in the U.S. House Thursday and backed by pro-medical marijuana groups would apply to California and seven other states where medical marijuana is legal. The measure gives defendants accused of growing or distributing marijuana in violation of federal drug laws the right to inform juries that they were acting legally in their state. Supporters touted the proposal as a way to protect the democratic process in states where voters or legislators approve measures backing medical marijuana. "This is about due process. It's not about pot," said Rep. Sam Farr, D-Calif., who co-authored the measure with Rep. Dana Rohrbacher, R-Calif. The bill was motivated by the conviction of Ed Rosenthal, an Oakland-based marijuana activist who was found guilty in January of violating federal drug laws. Rosenthal was licensed by Oakland to grow and distribute cannabis under a California medical marijuana statute, but the judge in his case prevented Rosenthal's attorney from informing the jury that the action was legal in that state. Marney Craig, who was a juror in Rosenthal's case, said that she regretted voting to convict him. During the case, jurors were only informed that Rosenthal grew marijuana and not that he had been licensed to do so. "We rendered a verdict that was wrong. We convicted a man who was not criminal," Craig said. The U.S. Supreme Court ruled in 2001 that "medical necessity" cannot be used as a valid defense against federal marijuana charges. Thursday's proposal would change a key part of the federal Controlled Substances Act to allow state laws to become a factor in federal drug cases. Seven other states -- Alaska, Hawaii, Washington, Oregon, Nevada, Colorado, and Maine -- have laws similar to California's. Maryland has a proposed medical marijuana law pending. Voters in the District of Columbia also approved a medical marijuana referendum several years ago, though the Congress has prevented local officials from implementing the measure. Federal anti-drug officials remain vehemently opposed to efforts to spread legalized medical marijuana throughout the states. John Walters, the director of the White House Office of National Drug Control Policy (ONDCP), has campaigned heavily against legalization referenda in several states. Dr. Andrea Barthwell, ONDCP's deputy director for demand reduction, said that the bill threatens to undermine federal drug laws that are in place to protect public health, even if voters in some states have spoken differently. "We recognize that federal law trumps state law in this area," she said in an interview. The bill's chances of passing in the Republican-controlled House are likely to hinge on support from GOP members from the handful of states where medical marijuana is allowed. Some Republicans have backed the bill on the grounds that it helps prevent the federal government from intruding on state laws. But it remained unclear Thursday how many GOP members would support the bill. Rep. David Dryer, R-Calif., said in an interview that he backs states' rights "in general," but that he has not yet taken a position on the bill. Rep. Mary Bono, another California Republican, said that she has yet to see the bill's details. "I think that if the state has spoken, then I'd want to support the state on that," she said. Source: Reuters HealthAuthor: Todd Zwillich Published: Thursday, April 10, 2003Copyright: 2003 Reuters News ServiceWebsite: http://www.reuters.comContact: http://about.reuters.com/custhelp/Related Articles & Web Sites:Marijuana Policy Projecthttp://www.mpp.org/Ed Rosenthal's Pictures & Articleshttp://freedomtoexhale.com/trialpics.htmBill Would Allow Medical Marijuana Defense http://cannabisnews.com/news/thread15929.shtmlRepresentatives To Unveil Medical Pot Legislationhttp://cannabisnews.com/news/thread15923.shtmlMarijuana Truth in Trials Act to Be Introduced http://cannabisnews.com/news/thread15922.shtml Home Comment Email Register Recent Comments Help Comment #6 posted by paulpeterson on April 12, 2003 at 10:42:11 PT 2001 SUPREME COURT DECISION Please note that in the May, 2001 decision by the US Supreme Court, the "medical necessity" defense was ONLY REFUSED to federal charges of "distribution", which means that the supremes did NOT preclude the use of the defense in mere possession charges. Of course, since Ed was busted for "distribution", this "truth in trials act" is necessary to protect people like him that are only doing the compassionate thing, to help the sick and dying. Just remember that the "medical necessity" defense is still potentially available for mere users. (That is why the feds will NOT bust for mere possession!). In fact, the DOJ in Chicago specifically told me in 2001 that they WON'T BUST FOR MERE POSSESSION-A valid "prosecutorial discretion" policy akin to that adopted by the head DOJ lady in Washington state, in 2000. Just setting the matter straight. Over and out. PAUL PETERSON [ Post Comment ] Comment #5 posted by freedom fighter on April 10, 2003 at 20:32:12 PT I do'nt know, you will have to ask Federal anti-drug officials remain vehemently opposed to efforts to spread legalized medical marijuana throughout the states. John Walters, the director of the White House Office of National Drug Control Policy (ONDCP), has campaigned heavily against legalization referenda in several states. Dr. Andrea Barthwell, ONDCP's deputy director for demand reduction, said that the bill threatens to undermine federal drug laws that are in place to protect public health, even if voters in some states have spoken differently. "We recognize that federal law trumps state law in this area," she said in an interview. ---------"DEA does not have the statutory authority to authorize anyone to possess" marijuana, spokesman Will Glaspy said. "Additionally, there is nothing that DEA could provide to Mr. Rosenfeld that would allow him to override state laws." http://cannabisnews.com/news/thread15895.shtmlBy the way, Johnny, why are you growing cannabis in your backyard while you vehemently opposed to anyone growing anything?pazff [ Post Comment ] Comment #4 posted by i420 on April 10, 2003 at 19:01:26 PT GET OFF WHO THE 'ELL DOES DR. ANDREA BARTHWELL THINK SHE IS UNDERMINING THE WILL OF THE PEOPLE. THE PEOPLE HAVE SPOKEN AND IF U DON'T LIKE IT THE "GET OFF" THERE JUST HAPPENS THAT THERE ARE PLANES AND BOATS LEAVING AMERICA FOR DESTINATIONS THAT ARE GOVERNED BY DICTATORSHIPS DAILY. IT WOULD SERVE THE AMERICAN PEOPLE WELL IF PEOPLE LIKE DR. ANDREA BARTHWELL BOOKED THEMSELVES A ONE-WAY TICKET AND LEAVE IMMEDIATLY. [ Post Comment ] Comment #3 posted by mayan on April 10, 2003 at 18:35:16 PT The Whole Truth It's so unfortunate that the United States needs to pass a bill to see that the "whole truth" comes out in the courtroom. What kind of system is this? What kind of country is this???The way out is the way in...9/11 CitizensWatch: http://www.911citizenswatch.org/Was 9/11 Allowed to Happen? http://www.wanttoknow.info/911timeline2pg9/11 Prior Knowledge/Government Involvement Archive: http://www.propagandamatrix.com/archiveprior_knowledgeGore Vidal Claims 'Bush Junta' Complicit in 9/11:http://www.observer.co.uk/review/story/0,6903,819932,00.htmlHijack Suspects Alive and Well: http://news.bbc.co.uk/1/hi/world/middle_east/1559151.stm9/11 - Guilt in High Places:http://emperors-clothes.com/indict/911page1&2.htmWho Gave the Green light for 9/11?http://www.willthomas.net/911part1.htmAir Defenses Stood Down After ATC Alerts Given: http://www.rense.com/general18/atcd.htmKaminski's Best 9/11 Sites - 4th Edition: http://www.scoop.co.nz/mason/stories/HL0302/S00024.htm [ Post Comment ] Comment #2 posted by ekim on April 10, 2003 at 18:11:10 PT we dare any Rep not to sign this bill the states that have passed Med bills I think it will be 10 with MD. have done so with overwhelming support of all the people. so it should be a no brainer that to not support this Bill would be like asking to be replaced no. [ Post Comment ] Comment #1 posted by Virgil on April 10, 2003 at 15:32:31 PT Today is National D.A.R.E. Day http://www.dare.com/Tertiary/Default.asp?N=Tertiary&R=22 - Every year the President of the United States declares a National D.A.R.E. Day. This year will be very special for the entire D.A.R.E. family because we will be celebrating our 20th anniversary of helping children resist drugs and violence. President George W. Bush has proclaimed Thursday, April 10th as D.A.R.E. Day for America [ Post Comment ] Post Comment